JB/035/189/001

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28 May 1808

Torture say voices somebody? – a mere artifice of rhetoric:
for where is the Juryman that was ever subjected to it?

No: it this is no artifice: nothing can be either more
directly applicable, or more strictly true.

In the cases where the cause being a capital one the person to whom it is applied is
the personal defendant the if the he complies
with the requisition made to him, principle of the circumstances say confession of his guilt, say indication of his accomplices, torture is no more applied
to the criminal than to with as the Juryman.

If among the twelve Jurymen there be anyone
who will act by joining in the declaration of an opinion
contrary to his own give up to the rest other eleven, then, unless the
eleven in like manner give up to him, all twelve
are as surely tortured to death in England
as ever heretic was in quondam Spain or murderer in quondam France,
and for a much greater length of time.

But many in Spain and France many
are the instances in which torture has been inflicted on
supposed heretics and murderers – few in which in England
it has been inflicted upon Jurymen. True: – but how whence
the difference, whence comes it? happens this? Because in Spain and France, i.e.
under Roman procedure the duration of the torture being
always limited – if a man can stand endure it – in one case
he saves his own life, in the other that of a friend: both
which he sacrifices respectively if to save himself from the torture
he gives the information required.

Whereas in English procedure, by submitting to the
torture a Juryman can not be sure of gaining his point commanding the verdict, some
let him endure it as long as he will, others may endure
it as long as he: while by giving out and to
perjure himself at the first word he saves not only himself but
his eleven colleagues from present immediate uneasiness, as well as ultimate eventual torture,
and causing that decision verdict
which to him appears in his eyes is the
only just one to be delivered.

Identifier: | JB/035/189/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-28	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	189	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d23 / e3
Penner	jeremy bentham	Watermarks	th 1806
Marginals		Paper Producer	andre morellet
Corrections		Paper Produced in Year	1806
Notes public		ID Number	10782
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